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HomeMy WebLinkAbout02-10-94-3.3 - Resolution - 02/10/1994RESOLUTION NO. 2-10-94-3.3 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO- RIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXE- CUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT MARIOTT HOMES, INC., PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 6, BLOCK 5, SPRINGBROOK-OAKGROVE, MORE COMMONLY KNOWN AS 3941 ROBIN TRAIL, INTO THE EASEMENT. WHEREAS, the City of College Station, has received an application for a license to encroach into a utility easement; WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling and governing encroachments; WHEREAS, in order for a license to be granted by the City Council of the City of College Station, the Council must make certain findings of facts; WHEREAS, after hearing the application of Mariott Homes, Inc., to encroach into the easement, the City Council of the City of College Station, finds the following facts: Through no fault of the present property owners, a portion of the structure was constructed in the utility easement. That there are no utilities which would be interfered with by the utilization of the property in its present status. That there are no utilities which would interfere with the utili- zation of the property in its present status. That the structure intrudes into the easement to such a degree that it is not economically feasible to remove the part of the structure within the easement. o That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is similar to ihe use to that of the neighborhood; WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: The fact that the structure was constructed within the ease- ment through no fault of the present property owners and that it is not economically feasible to remove the part of the structure within the easement area does constitute special Resolution No. 2-].0-94-3.3 Page 2 circumstances and conditions affecting the property which if not take into consideration would deprive the applicant of the reasonable use of its property. The fact that the land use is not likely to change within the foreseeable future and that it is not economically feasible to remove the part of the structure within the easement does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property right of the applicant. The fact that the use of the easement area by the property owner does not interfere with the utilities or access to the utilities and is not detrimental to the public health, safety or welfare or injurious to the property in the area. WHEREAS, the applicant agrees to accept the terms of the license agreement as presented to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: That the Mayor is hereby authorized to execute on behalf of the City of College Station a License Agreement with Mariott Homes, Inc., pertaining to the encroachment of a portion of a structure located at Lot 6, Block 5, Springbrook-Oakgrove, into the easement area. The terms of said License Agreement are as set forth in the form which is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. II. That this resolution shall be effective immediately upon adoption. PASSED and APPROVED this 10th day of February, 1994. APPROVED: City Secretary THE STATE OF TEXAS * COUNTY OF BRAZOS * LICENSE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the City of College Station (hereinafter referred to as "LICENSOR") actin~ through the undersigned official who is so empowered by resolution of the City'~ounc~ to so act in consideration of the agreement made hereto by MARIO'I-r HOMES, INC. ereinafter referred to as "LICENSEE"), owner of Lot 6, Block 5, Springbrook- akgrove, in College Station, Texas according to the plat recorded in Volume 1833, Page 33, of the Official Records of Brazos County Texas, hereby grants a license to the said LICENSEE to perm t a portion of the structure located a Lot 6, Block 5, ScPringbrook-Oakgrove, more commonly known as 3941 Robin Trail, in the City of ollege Station, Texas, to encroach upon the easement, as shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Station, Brazos County, Texas, but such improvements shall be at all times under and not in contact with any electric, water sewer or other utility, or equipment, or interfere in any way with such utility, including any drainage structures which are servicing the improvements and other property, and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, constitutes an aban- donment by LICENSOR of its property, easement or easements, or any other rights in and to the above-described property. LICENSEE expressly stipulat ng and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, legal, equitable or otherw se in or to LICENSOR's property. LICENSEE hereby expressly covenants, stipulates and agrees, without limita- tion, to indemnify and defend the LICENSOR and hold it harmless from any and all lia.bility, claim, cause of action, and cost, including attorneys' fee, and nclud ng any acts or omissions of the LICENSOR, its officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of said license and any supp. lemental license which may hereafter be issued in connection herewith including any ~nspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of re- location of any public utilities or facilities which may be incurred as a result of the proposed construction or actual construction. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements.. LICENSOR retains the right, but not the obligation, to enter upon the land to which this license applies and at LICENSEE's expense to remove any structure or improvements or alterations thereon upon the determinat on by LICENSOR that such removal is necessary for exercising LICENSOR's rights or duties in regard to said easement, or for protecting persons or property, or public interest in regard to said easement. This license, until its expiration or revocation, shall run with the title to the above-described real property, and the terms and conditions hereof shall be binding upon subsequent owners or holders thereof. LICENSEE shall cause any immediate successors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license, and shall expi~'e as to any portion of said improvements upon the removal, whether or not all of the proposed improvements are removed. This license is revocable by the LICENSOR upon the occurrence of any of the following conditions or events: LICENSEE or its successor has failed to comply with the terms of the granting of the license; or .lz/cqan94/martott2 o~'~/~w EXHIBIT "A" Bo The improvements located thereon or any portion of them interfere with the rights of the LICENSOR or the public in or to LICENSOR's property; or The use of the licensed area becomes necessary for a public purpose; or Said improvements or a portion of them constitute a danger to the public .which is not remediable by maintenance or alteration of the said ~mprovements; or Said improvements or a portion of them have expanded beyond the scope of the license; or Maintenance or alteration necessary to alleviate danger to the public has not been made within a reasonable time after the dangerous condition has arisen. This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as indicated by the signature of LICENSEE. The license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. APPROVED this the I O day of -¥'-~ ~o~- ~c~,c ~ , ,1994. APPROVED: MARlO'I-r HOMES, INC., LICENSEE APPROVED: CITY OF COLLEGE STATION, LICENSOR BY:~r City Secretary STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS ) T~his instrument was acknowledged before me on the /,~v,~t. da,, of .., ..'~~ _ , ,1994, by MAYOR LARRY RINGER as'lV[~y~or of the CitXy of uoHege Statiibn, a/exaS Municipal Corporat on, on behalf of said Corporation. N~t'aryPub'liC in ahdfor t~S{ate of T E X A S STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) This,~.~t was acknowledged before., me on the. /~:~- day of , 1994, by ,..~"z,,u,~ ,_,~_~ as '-~ ~_~ for Mariott Homes',~n~., a ~xas corporation, on behalf of said corporation. t(..t~State of T -2- Field Notes 3941 Robin Trail Lot 6, Block Five ^ description of the encroachment of part of a one-story house, on a 20' wide public utility easement, located at 3941 Robin Trad, lying within Lot 6, Block Five, SPRINGBROOK- OAKGROVE, an addition to the City of Coll~ge Station, Brazos County, Texas, according to the plat recorded in Volume 1833, page 33, Official Records of said county and being further described as follows: COMMENCING at a found 1/2" iron rod marking the northeasterly right-of-way line of 50' wide Robin Trail, for the common corner of Lots 6 and 7; THENCE N 48°16'43" E along the common hne of said Lot 6 & 7, for the centerhne of said 20' wide public utility easement, a distance of 32.9'; THENCE N 41°43'17'' ~I/ a distance of 9.0' to the most southerly corner of said house for the POINT OF BEGINNING of encroachment; THENCE N 41°43'17'' W along said house a distance of 1.0'; THENCE N 48°16'43'' E along the northwesterly line of said easement, across said house, a distance of 43.9'; THENCE S 41°43'17'' E, along said house, a distance of 1.0'; -'-;ENCE S 48016'43'l W, along the southeasterly line of said house, a distance of 43.9', to POINT OF BEGINNING of encroachment and containing 43.9 square feet more or less lying within said 20' wide public utility easement. 3anuary 28, 1994 MacArth~ Sur~eys Inc* P.O. Box Texas ~09) 7 CiTy Ord,naflce Deed Rest. 3q41 RODIN TI~All~ lot 6, Biotic Five, SPKH~IGBROOK-OAKGKOVE~ an ~dit:on to the ~ty oX ~Uege 5tntzon, ~s ~, Tern, ~rdi~ to ~ p~t re~rded in Volume 1833, ~e 33, O~flci&l Re~r~ ~ S~ ~, Te~ ~ 3~ W. ~r~m, R~b~ed ~e~ ~ Surve~r, ~ 20[9, do ~reby ce~iXy ~ p~ ~ly ~e~ · Sm~ys ~ ~ ~ro~d~ made by me or u~er my d~rectmn 3~u~ry 2~, 199~. T~s pht wu ~e~ Z~ t~ p~e ~ Title Su~ey ~or Marriott ~ ~roll. T~F~ ~e no v~sible eflc~men~s o~r t~fl t~se s~wfl her~. Ba~d off t~ l~orma~l~ scaled ~rom the FEMA map dated 3uly 2, 1992, PafleJ No. esoalc020~ C, l~s pm~rty ~ not be wJth~ a ~sJ~ted ~00-ye~r flood area.